REAL ESTATE FRAUD ATTORNEYS
Instead of robbing a bank, some people find it
easier to steal the equity out of people's homes.
REAL ESTATE LENDER FRAUD:
- Sometimes a lender is more interested in owning the property than in having the loan, and then will sell an unworkable loan in a Loan to Own scheme simply to get the property.
- Predatory Lending is a big problem in some areas, and frequently involves making a refinance loan that is loaded with excessive or unnecessary fees and that provides no real benefit to the borrower. Tragically, the refinance loan is subprime even though the borrower would often qualify for mainstream mortgage loans.
- Signs of Predatory Lending include excessive fees, abusive prepayment penalties, yield spread kickbacks, loan flipping, unnecessary loan products, mandatory arbitration requirements, and steering to subprime mortgages.
- Wrongful Foreclosure can occur when the lender promises the borrower that they will not foreclose, and then does foreclose on the property.
REAL ESTATE BROKER FRAUD:
- Brokers frequently have Conflicts of Interest where they use a buyer or seller to make a better deal for themselves with someone else, with their original client losing out.
- Brokers can also violate their Duty of Full Disclosure by keeping some facts about the sale from their clients who then get hurt in the deal.
- Check brokers' licenses.
REAL ESTATE FRAUD AS FINANCIAL ELDER ABUSE:
- Elderly people and senior citizens frequently have their life savings taken from then when someone tricks them into making a new deal on their home, only to find themselves evicted many months later.
- A home can represent a lifetime of savings to an elderly person or senior citizen who saved and built equity in the home in their early years, expecting to live off of that built in savings and equity in their later years.
- Elder Abuse statutes and Consumer Fraud statutes provide some special protection to seniors who are tricked out of tricked out of their homes. Other types of lawsuits such as fraud and deceit, can also be brought depending on the facts.
REAL ESTATE BUSINESS FRAUD:
- Fraud and Deceit still exist. Sometimes a home owner will sign a contract with a salesman, not knowing that they have just given someone else control over their home.
- Truth in Lending Act and other regulations specify certain information that needs to be in loan documents so that borrowers are not misled by lender jargon. These regulations apply to more than traditional mortgage lenders, and are often violated.
- Fraudulent Conveyance is where someone puts property in the name of another person to conceal its ownership and to hide it from persons who have legitimate claims against it.
- Using a Strawman or Dummy Corporation are other tricks you need to watch.
REAL ESTATE FRAUD LAWSUITS:
- Real estate fraud lawsuits can be very difficult with a confusing array of financial data and documents, often with conflicting stories by the persons involved.
- There are three rules that work in most real estate fraud lawsuits -
- Follow the money;
- Keep it simple; and
- Identify the motivations;
- Applying these three simple rules requires an attorney who understands financial matters and is comfortable in litigation. Lenders can use lawsuits to wear down the borrower who complains about real estate business tactics. There are several ways to simplify or to drag out this type of litigation.
FINDING A REAL ESTATE FRAUD ATTORNEY:
- Find an attorney who believes in your case and who will be your champion. Make sure you get an attorney who has experience with real estate fraud cases, who is comfortable with trials, and can fully prepare your case.
- Look at this checklist and consult an attorney, to find out about filing cases in Los Angeles Superior Court.
- We can help you find a real estate fraud attorney in a state other than California.
- If you file a lawsuit, be ready for trial. 97% of all lawsuits settle without trial, but not getting ready for trial means that you will likely end up in trial.
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